Legal Advice

1. Introduction.

This document aims to regulate the RULES OF USE and to safeguard the PROTECTION OF THE USERS of www.topcable.com (referred to herein as www.topcable.com), owned by TOP CABLE, S.A. (referred to herein as TOP CABLE), with corporate address in Rubí: Leonardo da Vinci num 1 08191 Rubí (Barcelona) Spain, telephone number +34 93 588 09 11 and fax number +34 93 588 04 11. The terms ‘You’ and ‘USER’ are used here to refer to the individuals or entities that for whatever reason access this site.

By using this site and/or its services, you have agreed to each and all of the General Conditions stipulated in the latest up-dated version of these Rules of Use. Therefore, the user must be aware of the importance of reading said rules each time they visit www.topcable.com. The access to and/or use of certain services offered to the users (referred to herein as the user) in www.topcable.com , may be subject to certain conditions that, depending on the case, substitute, modify and/or complete these Rules of Use. Therefore, the user must read and accept said conditions before accessing and/or using the services and contents.

2. Use of the site www.topcable.comand services

2.1 The user undertakes to use the page www.topcable.com and those services made available through the same, in a moral way in accordance with the Law, good customs and public order, as well as with that established by these Rules of Use. As a result, he or she is obliged to refrain from using the site www.topcable.com or services for illicit purposes or effects and/or in contrary to what is established in these Rules of Use, which could be harmful to the rights and/or interests of third parties or in any way that could damage the site www.topcable.com or impede its normal use or the use of the services accessed through the same, for the rest of the users, TOP CABLE and/or its image.

2.2 TOP CABLE can, in order to improve the www.topcable.com for the benefit of the users, unilaterally modify, at any time and without prior warning, the services provided or any other substantial aspect of this site, or the operational, technical or user conditions of www.topcable.com . In the same way, the users, for the purpose of improving the service and establishing an optimum level of quality – the ultimate aim of TOP CABLE – can suggest those modifications that they deem useful by contacting those responsible for the page through the e-mail address topcable@topcable.com.

2.3 The users of www.topcable.com must observe any instruction that www.topcable.com, TOP CABLE or its duly authorized personnel send by e-mail

3. Causes for exclusion.

TOP CABLE reserves the right to temporarily or definitively exclude a user in the event of the following:

Breach of any of the General Conditions of Use established in this document.

Breach of the law, morality, and the Public Order.

By excluding a user, TOP CABLE does not renounce legal action or any corresponding legal compensation.

4. Right to modify the Rules of Use

TOP CABLE reserves the right to unilaterally modify without warning, any of the terms and conditions of these Rules of Use, in the terms and conditions that they deem necessary, informing the user of the modifications effected through www.topcable.com

5. Intellectual property and Copyright.

All the information contained in www.topcable.com, its graphic design and the HTML, JAVA, JAVA Script or Active X language codes, is protected by copyright or other intellectual property protection rights. These rights belong exclusively to TOP CABLE or their license holders. Internet users that access the site can consult the information contained in the same and carry out private downloads or copies to their private system, providing that the copied elements are not later ceded to third parties or installed in a server connected to the Internet or a local network. It is forbidden, without effecting that stipulated in the Rules of Use, to distribute, modify, provide, communicate publicly or copy a part of or all the information published in www.topcable.com, without the prior authorization of TOP CABLE. The user must use the contents and the information contained in www.topcable.com , in a diligent, correct and licit manner, and for personal use only. The content or any mention of sources, intellectual property and other identifying details of the rights of TOP CABLE or third parties must not be modified and must respect its original form. Any reproduction or copy, distribution or publication of any kind of the content of the information published in www.topcable.com without the prior written authority of TOP CABLE is prohibited. Authorization for reproduction can be requested by e-mail from topcable@topcable.com. In the event that any user or third party considers that any of the content of www.topcable.com has been introduced in the same in violation of the copyright or other intellectual property rights, we ask them to communicate said circumstance to TOP CABLE in writing to the e-mail address topcable@topcable.com. The following information must be included: a) Name, address, telephone number and e-mail address of the claimant. b) Details of the owner of the copyright or other intellectual property rights that may have been infringed. c) Indication of the infringed content and the position in the site www.topcable.com . d) Declaration that the content has been introduced without the express permission of the owner of the copyright or other intellectual property rights. Without affecting that stipulated in the above paragraphs, TOP CABLE reserves the right to defend themselves against claims based on the pertinent rules concerning publicity, copyright and other intellectual property rights.

6. Hiperlinks.

6.1 In the event that www.topcable.com refers, via links, to third party publicity or Web pages, TOP CABLE is not responsible for the control and has not previously controlled, approved, or taken on the services, contents, details, files, products and any kind of material existing in the third party web page or pages. Therefore, TOP CABLE does not accept liability, under any circumstances, for the legality of the content of the said page(s). The third party, in an expository and non-limitative way, is exclusively liable for the legality, decency, good custom and public order of the contents, as well as their possible infringement of third party rights. The existence of a hyperlink does not mean that there is any relationship between TOP CABLE and the owner of the web page.

6.2 Those users or third parties that try to establish a hyperlink with the page www.topcable.com , must guarantee that the hyperlink only allows access to the pages or services of the page www.topcable.com, but does not execute, in an expository but non-limitative way, reproduction of the contents, deep-links, browsers, inaccurate or incorrect statements, about the content or the web page www.topcable.com . Except those signs that form part of the hyperlink, the user guarantees that the web page establishing the hyperlink does not contain brand names, commercial names, company signs, trade names, logotypes, slogans or any type of distinctive sign belonging to TOP CABLE.

7. Warranty and liability disclaimer.

7.1 TOP CABLE DOES NOT WARRANT THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE OPERATION OF ITS WEB PAGE NOR OF THE PRODUCTS OR SERVICES MADE AVAILABLE TO THE USER AND IS THEREFORE NOT LIABLE FOR THE DAMAGE OF ANY KIND THAT MAY BE DUE TO THE LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEB PAGE OR OF ITS SERVICES. HOWEVER, IT WILL TRY TO FACILITATE, AS FAR AS POSSIBLE, TECHNICAL ASSISTANCE TO THE AFFECTED PERSON.

7.2 TOP CABLE IS NOT RESPONSIBLE FOR THE CONTROL OF AND HAS NOT PREVIOUSLY CONTROLLED THE CONTENTS FOR THE PRESENCE OF VIRUS OR OTHER HARMFUL COMPONENTS, THAT MAY CAUSE ALTERATIONS IN THE SOFTWARE OR HARDWARE OF THE USERS OR PERSONS THAT VISIT THE PAGES AND IS THEREFORE EXCLUDED FROM ANY LIABILITY FOR THE DAMAGE OF ANY KIND THAT COULD DERIVE FROM THE SAME.

7.3 TOP CABLE IS NOT RESPONSIBLE FOR THE CONTROL OF AND HAS NOT PREVIOUSLY CONTROLLED, APPROVED OR ACCEPTED THE SERVICES, CONTENTS, DETAILS, FILES, PRODUCTS OR ANY KIND OF MATERIAL EXISTING ON THE WEB PAGE OR PAGES OF THIRD PARTIES AND IS THEREFORE IS WAIVED FROM ALL LIABILITY, UNDER ANY CIRCUMSTANCES, FOR THE LEGALITY OF THE CONTENTS OF THEIR WEB PAGE OR PAGES. IT IS THE EXCLUSIVE RESPONSIBILITY OF THE THIRD PARTIES, IN AN EXPOSITORY AND NON-LIMITATIVE WAY, TO ENSURE THAT THEIR CONTENTS COMPLY WITH THE LAW, DECENCY, GOOD CUSTOM AND PUBLIC ORDER, AND THAT THEY DO NOT INFRINGE ANY THIRD PARTY RIGHTS.

7.4 TOP CABLE IS NOT RESPONSIBLE FOR THE CONTROL OF, HAS NOT PREVIOUSLY CONTROLLED NOR DOES IT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE PRODUCTS OR SERVICES MADE AVAILABLE TO THE USER BY THIRD PARTIES HOSTED OUT OF www.topcable.com, AND THEREFORE IT IS WAIVED FROM ANY LIABILITY FOR THE DAMAGE OF ANY KIND THAT COULD BE DUE TO THE LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEB PAGE OR OF ITS SERVICES.

7.5 THE USER WILL BE LIABLE FOR THE DAMAGE OF ANY KIND THAT TOP CABLE MAY SUFFER SHOULD THE USER NOT COMPLY WITH THE LAW OR WITH ANY OF THE GENERAL CONDITIONS CONTAINED IN THIS AGREEMENT.

8. Safeguard for the Rules of use.

Should one of the stipulations of these Rules of Use be declared void or non-operational, the rest of the Conditions will be maintained in accordance with the terms agreed. TOP CABLE undertakes to substitute the stipulation in question, adhering as far as possible to the initial agreement of the parties.

9. Applicable law and competent Jurisdiction.

These Rules of Use are subject to Spanish law. TOP CABLE and its users, for the resolution of any disagreement that may arise with respect to the total or partial validity, execution, compliance or resolution, are subject to the Courts and Tribunals of the capital of Madrid, with express renouncement of their own jurisdiction or any other that, when appropriate, could correspond to them. This contract contains the total and complete agreement between TOP CABLE and the users, and substitutes all previous pacts, undertakings, statements or agreements, either written or oral, that may have previously existed between both.

By accepting this Privacy Policy, the user is informed and provides their free, informed, specific and unambiguous consent for the personal data they provide on the website at www.topcable.com (hereinafter the “Website”) to be processed by TOP CABLE S.A, with their browsing data and any other data they provide to TOP CABLE S.A in the future.

The user must read this Privacy Policy carefully, which has been written clearly and simply, to improve understanding, to freely and voluntarily decide whether they wish to provide their personal data to TOP CABLE S.A.

10.3. REQUIREMENT TO PROVIDE DATA

Data requested in Website forms are generally mandatory (unless otherwise specified in the requested field) to comply with the stated purposes.

Therefore, if these are not provided or not provided correctly, they may not be addressed, without affecting the free display of the Website content.

10.4. FOR WHAT PURPOSE WILL TOP CABLE S.A PROCESS USERS’ PERSONAL DATA?

The personal data provided through the Website will be processed by TOP CABLE S.A for the following purposes:

Data provided on Corporate contact forms and website:

Managing contact and information requests by the user through the channels provided for this on the TOP CABLE S.A websites.

Managing the request made.

Analyzing the use of the Website and checking user preferences and behavior.

Data provided for sending out Newsletter:

If consent has been given, sending commercial communications on behalf of TOP CABLE S.A.

Managing subscription and/or unsubscription to the Newsletter, made through the channel provided on the TOP CABLE S.A Website

Data provided for publications on BLOG belonging to TOP CABLE S.A:

Managing the publication of comments on the Website.

Managing the subscription and/or unsubscription to the BLOG Newsletter at the user’s request.

Analyzing the use of the Website and checking user preferences and behavior.

If required, monitoring the content of users’ comments and, where appropriate, deleting those whose content does not meet the conditions of the current Website at the discretion of TOP CABLE S.A.

10.5. WHAT USER DATA WILL TOP CABLE S.A PROCESS?

TOP CABLE S.A will process the following categories of user data:

Data provided on Corporate contact forms and websites:

Identifying data: name, surname.

Contact details: email address, telephone number.

Transactional data for goods and services.

Other data: data provided by the data subjects in open fields on forms available on the Website or in the attached documents.

Browsing data.

Data provided for sending out Newsletter:

Identifying data: name, surname.

Contact details: country of residence, email address.

Data on personal characteristics: language.

Data provided for publications on BLOG belonging to TOP CABLE S.A

Identifying data: name, surname.

Contact details: country of residence, email address.

Browsing data.

If the user provides data on third parties, they declare that they have their consent and commit to providing them with the information in the Privacy Policy, thereby exempting TOP CABLE S.A of any liability in this regard. However, TOP CABLE S.A may make periodic checks to confirm this, using appropriate due diligence, in accordance with data protection regulations.

10.6. WHAT IS THE JUSTIFICATION FOR PROCESSING USERS’ DATA?

The justification for processing your personal data will be as follows:

For sending Corporate contact forms and website: the consent provided by the user. For analyzing the use of the Website, the legitimate interest of TOP CABLE S.A.

For sending the Newsletter: the consent provided by the user.

For managing and publishing comments or publications sent by users on BLOG belonging to TOP CABLE S.A: the consent given by the user and, in Website analysis, confirming user preferences and behavior, and in monitoring the content of the comments, the legitimate interest of TOP CABLE S.A. If you withdraw your consent for processing in the publication of comments, these will be deleted from the Website by TOP CABLE S.A.

Consents obtained for the aforementioned purposes are separate and the user may revoke only one without affecting the others. To revoke this consent, the User may contact TOP CABLE S.A by email: topcable@topcable.com

10.7. WITH WHICH RECIPIENTS WILL USER DATA BE SHARED?

User data may be disclosed to:

Data provided on Corporate contact forms and website:

Companies within the group to which TOP CABLE S.A belongs, solely for internal administrative purposes and/or for the purposes indicated above.

Data provided for sending out the Newsletter will not be disclosed to third party companies.

Data provided for publications on BLOG belonging to TOP CABLE S.A:

Data provided by users will be published on the Website, and will be accessible to any user accessing the same.

10.8. INTERNATIONAL TRANSFERS OF DATA

Please be advised that your data will NOT be transferred to third parties located outside the European Economic Area.

10.9. DATA STORAGE

Your data will be stored for the following periods:

Data provided on Corporate contact forms and website: will be stored for the period required to process and answer your request and, when this is complete, for the limitation period for legal actions resulting from this request.

Data provided for sending out Newsletter: will be stored for as long as the user does not withdraw the consent provided for this.

Data provided for publications on BLOG belonging to TOP CABLE S.A: Data will be stored for as long as the user does not withdraw the consent given.

10.10. USER LIABILITY

The user:

Guarantees that they are above eighteen (18) years of age and that the data they provide to TOP CABLE S.A and true, precise, complete and up to date. For these purposes, the user is liable for the veracity of all the data disclosed and must keep the information provided properly up to date, to reflect their actual situation.

They guarantee that they have informed the third parties whose data they have provided, if they have done so, of the points covered in this document. In addition, they guarantee that their authorization has been obtained to provide their data to TOP CABLE S.A for the indicated purposes.

They will be liable for any false or inaccurate information they provide on the Website and for direct or indirect damage caused to TOP CABLE S.A or to third parties.

10.11. EXERCISE OF RIGHTS

Users may write to TOP CABLE S.A, at the address noted at the top of this Policy, or by email to topcable@topcable.com including a copy of their identity document, at any time and free of charge, to:

Revoke consent already granted.

Receive confirmation on whether or not TOP CABLE S.A is processing personal data belonging to the user.

Access your personal data.

Correct inaccurate or incomplete data.

Request the deletion of your personal data when, for any reason, the data is no longer necessary for the purposed for which it was obtained.

Request that TOP CABLE S.A restrict data processing when any of the conditions in the data protection regulations are met.

Request the portability of the data provided by the User in cases envisaged in the regulations.

Lodge a complaint relating to protection of your personal data with the Spanish Data Protection Agency, when the data subject believes that TOP CABLE S.A has infringed the rights recognized by applicable data protection regulations.

10.12. SECURITY MEASURES

TOP CABLE S.A will process user data absolutely confidentially at all times, under the duty of secrecy of the same, in accordance with applicable regulations, taking necessary technical and organizational measures to guarantee the security of your data and prevent unauthorized changes, loss, processing or access, in view of the state of technology, the nature of the data stored and risks to which they are exposed.

The user can exercise his/her rights of access, rectification, and cancellation, and can revoke the consent that has been given by this authorisation by making the relevant application to any of the following addresses: